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HomeMy WebLinkAbout05/20/1999 BAKERSFIELD AI~,,., , ~,,,.,~,, Ci David Couch, Chair Staff: Trudy Slater // Patricia J. DeMond Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, May 20, 1999 1:30 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:35 p.m. Members present: Councilmembers David Couch, Chair; Patricia DeMond, and Jacquie Sullivan who arrived at 1:40 p.m. 2. ADOPT FEBRUARY '18, '1999 AGENDA SUMMARY REPORT Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None ADOPT~AS S~TTED JUNE 17, 1999 F LE COPY Agenda Summary Report Legislative and Litigation Committee May 20, 1999 Page -2- 5. DEFERRED BUSINESS A. AMPLIFIED SOUND ORDINANCE Assistant City Attorney Michael AIIford indicated the proposed amplified sound ordinance deletes the distinction between the use of amplified sound for commercial as opposed to non-commercial uses and supports a broad-based ordinance. At present the use of amplified sound'for a commercial purpose is prohibited. Further discussion ensued on sound inside vs. outside buildings, exemption specifics, complaint-based enforcement, and the permit process. Staff is researching the use of amplified sound in the central traffic district. 6. NEW BUSINESS A. BASIC SAFETY PROVISIONS FOR Y2K Administrative Analyst Trudy Slater indicated Assistant Fire Chief Kirk Blair was in attendance to provide information on basic safety provisions in emergency situations, Development Services Director Jack Hardisty to cover zoning issues, and M.I.S. Director Bob Trammell to discuss computer-related Y2K issues. Mr. Knute Berry spoke at length on the advantages to be gained in allowing small animals to be raised in the City in preparation for possible Y2K disasters, including serving as a source of food and for fertilizer. His questions on zoning and computer-related issues were answered by staff. Councilmembers Couch, DeMond and Sullivan asked questions of Mr. Berry and staff. After several minutes of discussion, the Committee agreed that it was satisfied with steps taken by staff to eliminate or ameliorate possible Y2K issues. They had received calls from residents who did not want animals raised in the City as advocated by Mr. Berry. There was a concern with the disruption to other residents if such change were allowed. Councilmember DeMond motioned, and it passed, to have extra steps taken to enhance the community's awareness of basic safety emergency preparedness through an emergency drill in June. It was suggested that the City's web site could be used to disSeminate information on Y2K issues. A committee report will be forwarded to Council for its approval. Mr. Berry indicated he did not feel this was an acceptable solution. Agenda Summary Report Legislative and Litigation Committee May 20, 1999 Page -3- B. PLANNING COMMISSION PROCEDURES/APPOINTMENTS SURVEY Administrative Analyst Trudy Slater explained that a survey of ten cities comparable to Bakersfield were surveyed on procedures they used to appoint their planning commissioners and alternates. The processes used by the different cities were widely divergent. A summary of the information indicated the following: in four cities selection/screening/nominating committees were used to submit nominations to Council (Glendale, Modesto, Ontario, Riverside), in two cities the mayor nominates individuals to the entire council from recommendations from individual councilmembers (Pasadena, San Bernardino), in one city the mayor presents nominations to council (Fremont), in one city the mayor appoints with council approval (Fresno), in one city individual councilmember nominates to the entire council (Oxnard), and in one city individuals are nominated by the individual council- members and the mayor (Stockton). Out of the ten cities, two cities (Riverside and San Bernardino) utilize alternates. Riverside's alternates (up to two) become commissioners if there is a vacancy on the planning commission. San Bernardino's alternates (two), which are appointed by the mayor; vote only if there is no quorum. After discussion, Councilmember DeMond indicated she would like to have each planning commissioner appointed by a councilmember and that the alternate position could be eliminated. Councilmember Sullivan felt there were strong benefits to the current system which was less embarrassing to those who had the courage to apply even though they were not selected. Councilmember Couch indicated there was a perception that lobbying for appointments had gone on;. he was supportive of the one planning commissioner appointed by each councilmember. City Manager Alan Tandy suggested a lottery system to change over to the new system should that decision be made, with lots drawn to match time slots. Planning Commissioners have staggered terms and a change could be effectuated in a four- year cycle. He indicated the Planning Commission is independent from the Council. The committee discussed changing the existing appointment system, agreeing that it generally worked quite well. A suggestion was to require each councilmember to vote for three or one. There was discussion on having councilmembers immediately announce their votes rather than waiting for the City Clerk to announce after the votes were tallied. Agenda Summary Report Legislative and Litigation Committee May 20, 1999 Page -4- Councilmember Sullivan indicated her support for requiring councilmembers to vote for the top three. Councilmembers Sullivan and DeMond encouraged announcing the votes immediately. Councilmember Couch suggested a lottery in public one time to establish the changeover pattern. It was generally agreed that individual councilmember appointments to the Planning Commission should be at large rather than requiring ward residency. Appointment of an alternate was considered to be a separate issue. Chief Assistant City Attorney Bob Sherfy indicated making a change in the alternate position would require an ordinance change. Councilmembers Couch and DeMond felt an alternate was not needed in either the current system nor in the individual councilmember appointment system. A motion was made and passed to have staff forward to Council for their decision a committee report indicating the two options the Committee felt were viable. One: slightly modify the current system to announce individual councilmember votes immediately and require all councilmembers to vote for three. Two: allow councilmembers to nominate one planning commissioner each, not restricted to his/her ward, approved by the Council as a whole, to be implemented with a lottery drawing. In both cases, an elimination of the alternate position was recommended. The options would be presented to the Council as a whole for its review. 7. ADJOURNMENT The meeting adjourned at 3:35 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; Chief Assistant City Attorney Bob Sherfy, Assistant City Attorney Michael AIIford; Police Captain Bill Rector; M.I.S. Director Bob Trammell; City Treasurer Bill Descary; and Development Services Director Jack Hardisty Other Attendees: Knute Berry, Kathy Daniel (P:~L&L~990520.MIN)